Delhi HC issue notice to company in trademark infringement suit filed by Amul
Aug 21, 2021
New Delhi [India], August 21 : The Delhi High Court has granted an ex-parte ad-interim injunction to Gujarat Cooperative Milk Marketing Federation Ltd, popularly known as 'Amul' which had filed a trademark infringement suit against a company which it alleged was using a misleading mark for selling its kitchenware and utensils.
The court on August 13 also issued a notice to the tea company Maruti Metals on the trademark infringement suit and restrained it from in any manner dealing with the trademarks of Amul or any other mark which is identical or deceptively similar to GCMMF's well known 'AMUL' Trademarks.
Justice C Hari Shankar said: "These assertions, which are also borne out by the record as it exists before me, make out a prima facie case in favour of the plaintiff (GCMMF). As the impugned mark is not registered and is being illegally shown as a registered mark, a clear case for grant of ad-interim relief, in my view, exists. Such misrepresentation also amounts to a fraud on the consuming public, additionally justifying interlocutory interdiction as sought."
The court has also issued notice to defendant Maruti Metals and listed the matter for further hearing on September 9, 2021.
The court was hearing GCMMF plea seeking ad-interim ex-parte orders restraining Defendant Maruti Metals, their principal officers, family members, servants, agents, dealer, distributors, franchisees and anyone acting for and on their behalf from advertising, promoting or in any other manner using or dealing with the infringing mark of Amul.
GCMMF has also sought to pass ad-interim ex-parte orders restraining Defendant Maruti Metals, their principal officers, family members, servants, agents, dealer, distributors, franchisees and anyone acting for and on their behalf from advertising, promoting or in any other manner dealing with the Plaintiff's 'AMUL' trademarks or any other logos or any word, which is identical or deceptively similar to the Plaintiff's "AMUL" trademarks.
Senior Advocate Sunil Dalal, appearing for plaintiff GCMMF, pointed out that Defendant Maruti Metals has illegally reflected its trademark as registered, by using the superscript with the impugned mark and the impugned mark used by the defendant company is not registered.
Gujarat Cooperative Milk Marketing Federation Ltd, popularly known as 'AMUL', which is India's largest dairy brand instituted a Civil Suit, through their Advocate Abhishek Singh, before the Delhi High Court for infringement of its well-known trademark 'AMUL' and for passing off against Maruti Metals which was using the mark for kitchenware and utensils.
Senior Advocate Sunil Dalal appeared on behalf of Amul in the said suit and argued that although Maruti Metals got another mark registered against which GCMMF's Rectification Application is pending adjudication before the Registrar, Trademarks.
